The Research On The Legal Issues Of Domestic Maritime Cargo Transport Contract Merge Into Maritime Law

In September 2018,the NPC Standing Committee listed the revision of the Maritime Law into a five-year legislative plan.On November 5th,2018,the Ministry of Transport announced to the public the revised draft of the Maritime Law."Revised Draft" and the revised instructions of the "Marine Law",solicit opinions from the society.According to the provisions of the “Revised Manuscript” that has been issued,it is proposed to incorporate domestic waterway cargo transportation into the “Marine Law” and separately add the “National Waterway Cargo Transportation Contract” section.The essay firstly analyzes the legal problems existing in the incorporation of domestic waterway cargo transport contract into the maritime law.First,the author sorts out the legislative modes of international waterway cargo transportation from the perspective of comparative law,and analyzes the feasibility of specific legislative means in different modes and reference in China.Second,China's inland waterway transportation is included in the maritime law and the special chapter legislative mode is proposed to be adopted.Through the revised draft,the advantages and disadvantages of the special chapter legislative mode are analyzed,and the specific defects are reflected in the legislative mode and the application of law.Third,the choice of the legislative mode of incorporating the domestic waterway cargo transport contract into the "maritime law" is based on the application of law.The problems existing in the revision of the maritime law include: The revision of the maritime law has excessively limited the legal application of domestic waterway cargo transport contract,and some specific systems of "maritime cargo transport contract",such as carrier negligence exemption system,maritime lien system and actual shipper system,have also been incorporated into the feasibility.(2)defects in the application of laws in other chapters."Domestic contract of carriage of goods by waterway" separate correctly will result in the chapter "maritime law" and other chapters have applicable law relationship,based on the domestic current situation of the shipping,the other chapters in part will affect the domestic application of law for a long time habit,the applicable law and the resulting two defects: first,not all "maritime law" system into the necessity.Second,the provisions of other legal systems in the maritime law still need to be improved.Second,the issue of the application of the law.First,the provisions of Chapter 4 of the “Contract for Domestic Waterway Cargo Transportation” stipulate that the provisions of Chapter 4 that are not covered are excluded.The article will give an example to the exclusion of the applicability,the provisions of the applicable feasibility are: navigational negligence exemption,the actual carrier system,the carrier lien system,the voyage chartering system.Through the actual situation of the inland river cargo transportation and the status quo of law application,the demand for the development of inland waterways and multimodal transport,and the unification of waterway cargo transportation contracts,the feasibility and necessity of the inclusion are discussed,and at the same time,the views on meticulous revision are put forward.Secondly,the inclusion of waterway cargo transportation contracts in a single chapter into the Maritime Law is bound to have an application relationship with other chapters.Therefore,it is necessary to provide provisions in other chapters that may involve changes in the regulation of inland water transport.The overall system of the Maritime Law needs to be modified according to the characteristics of inland water transport.This article will be exemplified by two chapters.Starting from the analysis above,our country "maritime law" changes,there are many discussion space on how domestic waterway transportation contract into "maritime law" is not a simple legislation pattern choice,"maritime law" revise its fundamental purpose is to efficiently meet the requirement of shipping and trade development,the disputes should be resolved in the practical legal problems.First,it is proposed to combine the international contract of carriage of goods by sea and the domestic contract of carriage of goods by waterway into the contract of carriage of goods by waterway.Second,adjust "domestic contract of carriage of goods by waterway" into "maritime law" and other chapters after adjusting for conflict,in order to conform to the international maritime transport and domestic water transportation demand of both sides,for the lack of into the feasibility of the chapter shall expressly exclude applicable,can be added at the beginning of chapter "the content of this chapter apply to the international maritime transport only" such as language.In conclusion,by analyzing and disputing the existing problems in the revised version of maritime law,the author hopes to help the revision of maritime law to meet the needs of shipping and One Belt and One Road initiative in the new era.